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HomeMy WebLinkAbout2005-10-27 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd. v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: V. AWARDS, PRESENTATIONS, AND APPOINTMENTS VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION XI, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of October 13, 2005. Rec: Approve as presented. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 76, 79, 80, 83, 84, 87, 88, 89, and 92. Rec: Approve as presented. C. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meeting of September 20, 2005. D. 2. Public Safety Commission Meeting of September 14, 2005. E. 3. Youth Committee Meeting of September 6, 2005. Rec: Receive and file. D. CONSIDERATION of Palm Desert Sister Cities Committee Recommendation Concerning Expenditure of Golf Tournament Funds for Educational Needs. Rec: By Minute Motion: 1) Ratify the donation of $3,333 to two special needs schools in the Sister City of Gisborne, New Zealand; 2) approve the donation of $3,333 to Abraham Lincoln Elementary School, Palm Desert; 3) approve the recommendation to donate $3,333 to two schools in the Sister City of Ixtapa-Zihuatanejo, Mexico; 4) appropriate $10,000 from the Unobligated General Fund Reserve to Account No. 110-4416-414-3126. E. REQUEST FOR ADOPTION of Resolutions, Authorizing the Destruction of Paper Records from the Department of Building & Safety that Have Been Digitally Imaged (June, July, August 2005). Rec: Waive further reading and adopt: 1) Resolution No. 05-93 for June 2005 Records; 2) Resolution No. 05-94 for July 2005 records; 3) Resolution No. 05-95 for August 2005 records. F. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C20580D1 -- Mesa View Fire Station (No. 67) Renovation Project. Rec: By Minute Motion, approve Change Order No. 2 in the amount of $5,865 to the subject contract with Commercial Diversified, Inc., Twentynine Palms, California, and authorize the Mayor to execute POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 same for modifications associated with the Fire Station No. 67 Renovation Project. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23450 -- Citywide Tree Pruning Program (Project No. 932-05). Rec: By Minute Motion: 1) Authorize the transfer of $8,606.80 from contingency to base for the subject contract; 2) approve Change Order No. 1 in the amount of $8,606.80 to the subject contract with Tree Rite, Bermuda Dunes, California, and authorize the Mayor to execute same. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C23540 -- Citywide Palm Tree Pruning Program (Project No. 931-05). Rec: By Minute Motion: 1) Authorize the transfer of $4,180 from contingency to base for the subject contract; 2) approve Change Order No. 1 in the amount of $4,180 to the subject contract with Andy's Tree Service and Gardening, Palm Desert, California, and authorize the Mayor to execute same. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C23960 -- Installation of Curbing and Flatwork on the Firecliff Course/Mountain View Course at Desert Willow Golf Resort (Contreras Construction Co., Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. J. REQUEST FOR AUTHORIZATION to Reduce Progress Payment Retention on Civic Center Well Site Project (Contract No. C23090, Project No. 720-01). Rec: By Minute Motion, authorize the reduction of progress payment retention from 10% to 5% for construction of the new irrigation pump station for the well site at Civic Center Park. K. REQUEST FOR APPROVAL of the Collection of Machine Traffic Count Data at Intersections on Highway 111 and Highway 74. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Rec: By Minute Motion, authorize All Traffic Data Services, Inc., Wheat Ridge, Colorado, to collect machine traffic count data at 13 intersections on Highway 111 and Highway 74 at a cost of $11,700 -- funds are available in Account No. 110-4250-433-3325. L. REQUEST FOR APPROVAL of the Collection of Manual Turning Movement Count Data at Intersections on Highway 111 and Highway 74. Rec: By Minute Motion, authorize Counts Unlimited, Inc., Moreno Valley, California, to collect manual turning movement count data at 13 intersections on Highway 111 and Highway 74 at a cost of $16,800 -- funds are available in Account No. 110-4250-433-3325. M. REQUEST FOR AWARD OF CONTRACT for Professional Services to Re-form the Presidents' Plaza III Business Improvement District (Contract No. C24450). Rec: By Minute Motion, authorize the Mayor to execute the subject contract with MuniFinancial, Temecula, California, in the amount of $10,500 and authorize a 10% contingency to re-form the Presidents' Plaza III Business Improvement District -- funds are available in Account No. 110-4260-422-3090. N. REQUEST FOR APPROPRIATION of Funds from Park and Recreation Fund (Fund 430) for the Art In Public Places Project Contribution from the Palma Village Park Project. Rec: By Minute Motion: 1) Appropriate $10,000 from Fund 430 unobligated fund balance; 2) transfer $10,000 from Fund 430 to the Art In Public Places Fund to satisfy the Art In Public Places requirement for the Palma Village Park project. O. REQUEST FOR RATIFICATION of City Manager's Approval of Expenditure of Cal COPS Funds -- School Resource Officer Program. Rec: By Minute Motion, ratify the City Manager's Approval dated September 30, 2005, of an expenditure of $342.45, as requested by Palm Desert Police Lt. Steve Thetford in his memorandum dated September 28, 2005, for legal research material for the Palm Desert School Resource Officer Program. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 P. REQUEST FOR RATIFICATION of City Manager's Approval of Expenditure from the Police Contingency Fund -- School Resource Officer Program. Rec: By Minute Motion, ratify the City Manager's approval of an expenditure of $4,074.25 from the Police Contingency Fund to purchase program supplies for five School Resource Officer programs. Q. REQUEST FOR RATIFICATION of City Manager's Approval of Expenditure from Police Contingency Fund -- Palm Desert Police Cadet Program Uniforms. Rec: By Minute Motion, ratify the City Manager's approval of an expenditure of $887.42 from the Police Contingency Fund to purchase Palm Desert Police Cadet Program uniforms. R. REQUEST FOR APPROVAL of Seventh Annual "Turkey Trot." Rec: By Minute Motion, authorize the Desert Cities Track Club to stage their Seventh Annual "Turkey Trot" on Thursday, November 24, 2005 (Thanksgiving Day), from 7:30 a.m. to 9:30 a.m. S. REQUEST FOR APPROVAL of Out-of-State Travel for Radiation Safety Officer Training. Rec: By Minute Motion, approve the subject travel for the Senior Public Works Inspector to attend the Radiation Safety Officer Training Course in Las Vegas, Nevada, December 5-9, 2005 -- funds are available in Account No. 110-4300-413-3120. T. REQUEST FOR APPROVAL of Out-of-State Travel for Institute of Transportation Engineers District 6 Annual Conference. Rec: By Minute Motion, approve the subject travel for the City Engineer and Transportation Engineer to attend the ITE Conference in Honolulu, Hawaii, June 25-28, 2006 -- funds are available in Account No. 110-4300-413-3120. U. REQUEST FOR APPROVAL of Amendment No. 1 to Each of the Reimbursement Agreements with the Coachella Valley Association of POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Governments (CVAG) for Cook Street Widening and for Portola Bridge Over the Whitewater Channel. Rec: By Minute Motion, approve and authorize the Mayor to execute: 1) Amendment No. 1 to the Reimbursement Agreement with CVAG for the Cook Street Widening Project (Contract No. C23761, Project No. 601-05); 2) Amendment No. 1 to the Reimbursement Agreement with CVAG for the Portola Bridge Over the Whitewater Channel Project (Contract No. C22871A, Project No. 647-04). V. REQUEST FOR APPROVAL of the Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) for Design, Right- of-way, and Construction of the Monterey Avenue/I-10 Interchange Improvements (Contract No. C22310B, Project No. 669-02). Rec: By Minute Motion, approve of the subject Reimbursement Agreement and authorize the Mayor to execute same. W. REQUEST FOR RATIFICATION of the City Manager's Execution of Amendment A to Contract No. C21661 -- Funding of PM10 Mitigation Measures. Rec: By Minute Motion, ratify the City Manager's execution of Amendment "A" to Contract MS03068 with South Coast Air Quality Management District to extend the deadline for the funding of PM10 mitigation measures. VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS IX. ORDINANCES For Introduction: For Adoption: A. ORDINANCE NO. 1102 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 25.112 TO TITLE 25 OF THE PALM DESERT MUNICIPAL CODE TO PROHIBIT POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. Action: X. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS AUTHORIZING THE FUNDING FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF COUNTRY CLUB DRIVE AND VIA SCENA/SHOPPING CENTER DRIVEWAY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and adopt City Council Resolution No. 05- 90, authorizing a Public Improvements Funding Agreement (Contract No. C24440) between the City of Palm Desert, the Palm Desert Redevelopment Agency, and SKB-PDM Investments, LLC (SKB), for a traffic signal at the intersection of Country Club Drive and Via Scena/Shopping Center Driveway. 2) By Minute Motion, appropriate $125,000 from Merano Assessment District Account No. 464-4350-433-4001 for 33% of the costs for the traffic signal improvements. 3) By Minute Motion, appropriate $125,000 from Traffic Signal Account No. 234-4675-433-4001 for 33% of the costs for the traffic signal improvements funded by SKB's contribution. 4) By Minute Motion, authorize the City Manager to execute all documents that may be necessary to facilitate the application or award. 5) Waive further reading and adopt Redevelopment Agency Resolution No. 509, authorizing a Public Improvements Funding Agreement (Contract No. C24440) between the City of Palm Desert, Palm Desert Redevelopment Agency, and SKB-PDM Investments, LLC, for a traffic signal at the intersection of Country Club Drive and Via Scena/Shopping Center Driveway. 6) By Minute Motion, appropriate $125,000 from Project Area No. 2 Unobligated Funds Account No. 851-4675-433-4011 for 33% of the costs for the traffic signal improvements. 7) By Minute Motion, authorize the Executive Director to execute all documents that may be necessary to facilitate the application or award. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 Action: B. REQUEST FOR APPROVAL OF NAMES FOR THE SINGLE-FAMILY HOME DEVELOPMENT, SENIOR VILLAS, AND STREETS FOR THE PROJECT CURRENTLY KNOWN AS THE "20-ACRE SITE." Rec: By Minute Motion: 1) Approve Falcon Crest as the formal name for the 93 single-family home development; 2) approve La Rocca Villas as the formal name for the senior villas; 3) approve the following names for the five streets located within the 20-acre site: Verdin Lane, King Fisher Circle, Warbler Way, Golden Eagle Lane, and Mourning Dove Court. Action: C. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01. Rec: 1) Waive further reading and adopt Resolution No. 05-96, which sets the boundaries of this proposed Assessment District. 2) By Minute Motion, authorize staff to advertise for public bid for this project (Contract No. C24460). 3) By Minute Motion, receive and file the project time line report and engineer's estimate. Action: D. CONSIDERATION OF THE RESTRICTION OF LEFT TURNS AT CIVIC CENTER DRIVEWAY ON FRED WARING DRIVE. Rec: By Minute Motion: 1) Direct staff to proceed with design of: a) Median island modification on Fred Waring Drive to restrict left-turn egress from the Civic Center parking lot; b) westbound right-turn pocket on Fred Waring Drive at Civic Center; c) right-turn improvements from northbound San Pablo Avenue to eastbound Fred Waring Drive; d) resurfacing of eastbound lanes on Fred Waring Drive from San Pablo Avenue to Portola Avenue. 2) Appropriate $100,000 from Unobligated Fund 213 for design of the aforementioned improvements. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 E. CONSIDERATION OF A PRPOSAL BY THE COUNTY OF RIVERSIDE FOR CITY CONTROL OF PLANNING WITHIN THE SPHERE OF INFLUENCE. Rec: To be provided. Action: F. CONSIDERATION OF THE CITY OF RANCHO MIRAGE'S ZONING OF PROPERTY LOCATED AT THE INTERSECTION OF MONTEREY AVENUE AND FRANK SINATRA DRIVE TO GENERAL COMMERCIAL. Rec: 1) Review the proposed re-zoning. 2) By Minute Motion, authorize staff to make a presentation to the City of Rancho Mirage. Action: G. CONSIDERATION OF FUTURE PALM DESERT ENERGY ACTION PLAN, INCLUDING THE CITY'S PRESENTATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION. Rec: By Minute Motion, authorize the City Manager to present the proposed plan at the Aspen Accord Meeting in San Francisco. Action: XI. CONTINUED BUSINESS A. REQUEST FOR CITY COUNCIL DIRECTION RELATIVE TO CONTINUED PARTICIPATION IN THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (CVA) (Continued from the meeting of October 13, 2005). Rec: To be provided. Action: XII. OLD BUSINESS A. CONSIDERATION OF CONCEPTUAL DESIGNS FOR AN AQUATIC FACILITY. Rec: By Minute Motion: 1) Approve conceptual design Scheme No. 2 for an aquatic facility; 2) authorize proceeding with the College of the Desert's site for said aquatic facility; 3) authorize proceeding with a request for proposal (RFP) for preliminary design of an aquatic POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 facility based on conceptual design Scheme No. 2 (Contract No. C24470). Action: XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE ADVANCE OF MONIES TO THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, FOR COST OF CERTAIN PUBLIC IMPROVEMENTS TO BE CONSTRUCTED IN PROJECT AREA NO. 2 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: Waive further reading and adopt: 1) City Council Resolution No. 05-91, approving the advance of monies to the Foundation for California State University, San Bernardino, for cost of certain public improvements to be constructed in Project Area No. 2. 2) Redevelopment Agency Resolution No. 510, approving the advance of monies to the Foundation for California State University, San Bernardino, for cost of certain public improvements to be constructed in Project Area No. 2. Action: B. REQUEST FOR APPROVAL OF THE CONVEYANCE OF A SINGLE- FAMILY HOME TO RANCHO HOUSING ALLIANCE AND FOR A DISPOSITION AND DEVELOPMENT AGREEMENT RELATING THERETO (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Rec: 1) Waive further reading and adopt City Council Resolution No. 05- 92, approving a Disposition and Development Agreement between the Palm Desert Redevelopment Agency and the Rancho Housing Alliance, Coachella, California, concerning property owned by the Agency in the City of Palm Desert located at 74-047 San Marino Circle. 2) Waive further reading and adopt Redevelopment Agency Resolution No. 511, approving the conveyance of certain real property located at 74-047 San Marino Circle to Rancho Housing Alliance, Coachella, California, for the purpose of rehabilitating the deteriorated single-family dwelling to be made available to a family of lower income. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 3) By Minute Motion, approve a Disposition and Development Agreement and Declaration of Conditions, Covenants and Restrictions. 4) By Minute Motion, authorize the Executive Director or his designee to execute all necessary documents. Action: XIV. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XV. ADJOURNMENT FUTURE MEETINGS: October 31, 2005 10:00 a.m. Historic Preservation Committee Administrative Conference Room November 1, 2005 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Conference Room November 2, 2005 8:30 a.m. Parks & Recreation Commission Administrative Conference Room November 8, 2005 12:00 p.m. Architectural Review Commission Community Services Conference Room November 9, 2005 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Conference Room POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 2005 November 10, 2005 3:00 p.m. Regular City Council/RDA Meetings Civic Center Council Chamber I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 21st day of October, 2005. Rachelle D. Klassen, City Clerk